ICICI Bank-Videocon Money Laundering Case: Deepak Kochhar moves Bombay High Court

Deepak Kochhar, husband of former Chief Executive Officer of ICICI Bank Chanda Kochhar, has moved the Bombay High Court seeking quashing of the proceedings initiated by the Enforcement Directorate (ED) in the alleged ICICI Bank-Videocon money laundering case..The case being investigated by the ED relates to the siphoning off of six high value loans from ICICI Bank to various companies of Videocon Industries to the tune of ₹300 crore, in contravention of the rules and policies of the sanctioning committee of the bank..Through a petition filed by Advocate Dadhichi Mhaispurkar, Kochhar has challenged an order of the Special Judge hearing the case, in which process was issued based on a prosecution complaint (akin to a chargesheet), as well as all consequential proceedings arising from the same..Through the order, Special Judge Abhijeet Nandgaonkar had not only taken cognizance, but also summoned Kochhar as well as other accused. Kochhar has argued that this order is without jurisdiction and was obtained by the ED after suppression of facts. .It was submitted that through the November 6, 2020 order, the Adjudicating Authority under the Prevention of Money Laundering Act (PMLA) had held that "the very same properties which are alleged as 'proceeds of crime in the prosecution complaint did not amount to proceeds of crime and thus not involved in money laundering." This fact was suppressed by the ED, Kochhar submitted in his petition. .The petition stated that even the Central Bureau of Investigation (CBI) had not found a case meriting filing of a chargesheet to proceed against Kochhar or any other person. Since the order amounted to violation of Kochhar's rights under Article 21, he moved the High Court seeking quashing under Section 482 of the Code of Criminal Procedure. .Kochhar contended that once a statutory authority constituted under the Act records a finding that the property is not involved in money laundering and there are no proceeds of crime, it is essentially leads to complete vitiation of proceedings under the Act. The proceedings are vitiated not only against the property, but also against the person allegedly involved in the money laundering, it is claimed..On these grounds among others, Kochhar sought urgent relief of stay on the operation of the Special Judge's order till the petition is heard and disposed of finally. The High Court will hear the petition on September 8, 2021.